업무상횡령
The judgment of the court below is reversed.
The sentence against the accused shall be set forth as a fine of six million won.
The above fine shall be imposed on the defendant.
1. The decision of the court below on the gist of the reasons for appeal (one year of suspended sentence to four months of imprisonment) is too unreasonable.
2. Determination is an unfavorable circumstance against the Defendant, where the Defendant used D’s contribution entrusted by the Government to perform the future leading task, in repayment of debt, etc., for which the Defendant serves as a representative director, and the crime is not good in light of the method of crime, etc., and the amount of embezzlement is also 48 million won.
However, in full view of the following: (a) the Defendant is a primary offender; (b) the Defendant was led to the Defendant’s confession; (c) the Defendant returned all the government contributions embezzled by the Defendant to the victim; (d) the Defendant successfully completed the instant support task by receiving a successful decision on the instant support task from the Small and Medium Enterprise Technology Information Promotion Agency; and (e) other various sentencing conditions specified in the instant pleadings, such as the Defendant’s age, sex and environment; (e) motive, means and consequence of the crime; and (e) the circumstances after the crime, etc., the lower court’s punishment is too unreasonable; and therefore
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of punishment for a crime;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;